Protection of the Environment Operations Act 1997 Protection of the Environment Operations Amendment (Premises-based Activities) Regulation 2001 (2001-237) [GG No 60 of 30.3.2001, p 1600] (NSW)
2001 No 237
| Protection of the Environment | New South Wales |
Operations Amendment (Premises-
based Activities) Regulation 2001
under the
Protection of the Environment Operations Act 1997
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Protection of the Environment Operations Act 1997.
BOB DEBUS, M.P.,
Minister for the Environment
Explanatory note
Part 1 of Schedule 1 to the Protection of the Environment Operations Act 1997 specifies “premises-based” activities. The occupier of premises where such activities occur is required to be the holder of a licence authorising the activity to be carried on at those premises.
The objects of this Regulation are:
| (a) | to change the licensing threshold for wood or timber milling or processing works from one based on the amount of timber products produced to one based on timber processing capacity, and |
| (b) | to clarify the descriptions of certain of the activities, and |
| (c) | to update certain references and to make various other minor amendments to Part 1 of Schedule 1. |
This Regulation also amends Schedule 1 to the Protection of the Environment Operations (General) Regulation 1998 (which specifies the licensing fees for scheduled activities) as a consequence of the change referred to in paragraph (a) above.
| Published in Gazette No 60 of 30 March 2001, page 1600 | Page 1 |
| [8] | |
| 2001 No 237 | |
| Protection of the Environment Operations Amendment (Premises-based Activities) Regulation 2001 | |
| Explanatory note |
This Regulation is made under the Protection of the Environment Operations Act
1997, including sections 5 (3) and 323 (the general regulation-making power).
2001 No 237
| Protection of the Environment Operations Amendment (Premises-based | Clause 1 |
| Activities) Regulation 2001 | |
| Protection of the Environment Operations Amendment (Premises-based Activities) Regulation 2001 |
1 Name of Regulation
This Regulation is the Protection of the Environment Operations
Amendment (Premises-based Activities) Regulation 2001.
2 Amendment of Schedule 1 to Protection of the Environment Operations Act 1997 No 156
The Protection of the Environment Operations Act 1997 is amended as set out in Schedule 1.
3 Amendment of Protection of the Environment Operations (General) Regulation 1998
The Protection of the Environment Operations (General)
Regulation 1998 is amended as set out in Schedule 2.
4 Notes
The explanatory note does not form part of this Regulation.
2001 No 237
Protection of the Environment Operations Amendment (Premises-based
Activities) Regulation 2001
| Schedule 1 | Amendment of Schedule 1 to Protection of the Environment Operations Act 1997 |
| Schedule 1 | Amendment of Schedule 1 to Protection of the Environment Operations Act 1997 |
(Clause 2)
[1] Schedule 1, Part 1, matter relating to “Agricultural produce industries”
Insert “gin,”after “grind,”.
[2] Schedule 1, Part 1, matter relating to “Chemical industries or works”
Omit the word “poisonous” wherever occurring from paragraphs (1) (g) (i),
(1) (h), (1) (k) (i), (2) (a) and (2) (b).
Insert instead “toxic”.[3] Schedule 1, Part 1, matter relating to “Chemical industries or works”
Insert “(except the production of explosives at mines)” after “propellants” in paragraph (1) (d).
[4] Schedule 1, Part 1, matter relating to “Chemical industries or works”
Omit “(excluding simple blending)” from paragraph (1) (g) (ii).
[5] Schedule 1, Part 1, matter relating to “Chemical industries or works”
Omit “Dangerous Goods Regulation 1978”.
Insert instead “Dangerous Goods (General) Regulation 1999”.[6] Schedule 1, Part 1, matter relating to “Coal mines”
Omit “disturb” from paragraph (2) (b) where firstly occurring.
Insert instead “have disturbed, are disturbing”.[7] Schedule 1, Part 1, matter relating to “Crushing, grinding or separating works”
Omit “minerals or materials for recycling or reuse, including”.
Insert instead “minerals,”.
2001 No 237
Protection of the Environment Operations Amendment (Premises-based
Activities) Regulation 2001
| Amendment of Schedule 1 to Protection of the Environment Operations | Schedule 1 |
| Act 1997 |
[8] Schedule 1, Part 1, matter relating to “Livestock intensive industries”
Omit “milking facilities” from paragraph (4). Insert instead “dairies”.
[9] Schedule 1, Part 1, matter relating to “Marinas and boat repair facilities”
Insert “(other than swing moorings)” after “storage” in paragraph (1).
[10] Schedule 1, Part 1, matter relating to “Marinas and boat repair facilities”
Omit paragraph (2). Insert instead:
(2) works such as slipways, hoists or facilities for the repair and maintenance of vessels (other than boat repair facilities that are not adjacent to waters) at which 5 or more vessels (being vessels other than rowing boats, dinghies or other small craft) or any vessel 25 metres or longer is handled or capable of being handled at any one time. For the purposes of this item, waters has the same meaning as it has in paragraph (a) of the definition of waters in the Dictionary to this Act.
[11] Schedule 1, Part 1, matter relating to “Mines”
Omit “disturb” where firstly occurring.
Insert instead “have disturbed, are disturbing”.[12] Schedule 1, Part 1, matter relating to “Petroleum works”
Omit “asphalt” from paragraph (4). Insert instead “bitumen”.
[13] Schedule 1, Part 1, matter relating to “Petroleum works”
Omit paragraph (6). Insert instead:
(6) dispose of oil waste or petroleum waste or process or recover more than 20 tonnes of oil waste or petroleum waste per year.
[14] Schedule 1, Part 1, matter relating to “Shipping facilities (bulk)”
Insert “(but not where any material is wholly contained within a shipping container)” after “vessels,”.
2001 No 237
Protection of the Environment Operations Amendment (Premises-based
Activities) Regulation 2001
| Schedule 1 | Amendment of Schedule 1 to Protection of the Environment Operations Act 1997 |
[15] Schedule 1, Part 1, matter relating to “Wood or timber milling or processing works”
Omit paragraphs (1) and (2). Insert instead:
(1) have an intended processing capacity of more than 6,000 cubic metres of timber (or timber products) per year and burn waste (other than as a source of fuel), or (2) have an intended processing capacity of more than 50,000 cubic metres of timber (or timber products) per year.
2001 No 237
Protection of the Environment Operations Amendment (Premises-based
Activities) Regulation 2001
| Amendment of Protection of Environment Operations (General) Regulation | Schedule 2 |
| 1998 | |
| Schedule 2 | Amendment of Protection of Environment Operations (General) Regulation 1998 |
(Clause 3)
Schedule 1 Licensing fees—activities and assessable pollutants
Omit Schedule 1 [86]. Insert instead:
[86] Wood or Timber Milling, being activities that process timber or wood products by way of sawing, machining, milling, chipping, pulping or compressing timber or wood (other than at a joinery, builders’ supply yard or home improvement centre).
Units of measure (m3 processed)
Licence Administrative Fee
Capacity to Process per Annum Number of Administrative
Fee units0–50,000 . . . . . . . . . . . . . . . . . . . . 5 >50,000–100,000 . . . . . . . . . . . . . . 15 >100,000–200,000 . . . . . . . . . . . . . 50 >200,000 . . . . . . . . . . . . . . . . . . . . 135 Assessable Pollutants and Fee Rate Threshold Factors
nil
BY AUTHORITY
0
0
0